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Environmental Justice in South Africa

Environmental Justice in South Africa
Author: David A. McDonald
Publisher: Juta and Company Ltd
Total Pages: 360
Release: 2002
Genre: History
ISBN: 9781919713663

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In 11 articles reprinted from a 1999 journal and a 1998 anthology, South African social scientists and those from elsewhere who have worked there provide an overview of the environmental justice movement in the country, which blossomed only after the battle against apartheid was won in the early 1990s. They trace its history and describe the key theoretical and practical issues it faces after a decade, what has changed and what remained the same, the most and least effective strategies, and future directions. Annotation copyrighted by Book News, Inc., Portland, OR


Environmental justice and the legal process

Environmental justice and the legal process
Author: Jan Glazewski
Publisher:
Total Pages: 338
Release: 1999-01-01
Genre: Environmental law
ISBN: 9780702150760

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As this volume aims to show, the notion of environmental justice takes on a peculiar complexion in South Africa where it is inherently linked to the injustices of the apartheid past. Moreover, South Africa confronts many of the environmental challenges facing the world community as a whole.


Transformative Environmental Constitutionalism

Transformative Environmental Constitutionalism
Author: Melanie Murcott
Publisher: BRILL
Total Pages: 270
Release: 2022-10-24
Genre: Law
ISBN: 9004509402

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In Transformative Environmental Constitutionalism, Professor Melanie Jean Murcott writes from a Global South perspective, drawing on South African context to provide a transformative theoretical framework for adjudication of environmental law disputes which could be more responsive to social, environmental, and climate injustices.


Climate Litigation and Justice in Africa

Climate Litigation and Justice in Africa
Author: Kim Bouwer
Publisher: Policy Press
Total Pages: 358
Release: 2024-01-25
Genre: Law
ISBN: 1529228956

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EPDF and EPUB available Open Access under CC-BY-NC-ND licence. This volume brings together an international team of contributors to provide a much-needed examination of climate litigation in Africa. The book outlines how climate litigation in Africa is distinct as well as pinpointing where it connects with the global conversation.


Poverty Alleviation and Environmental Law

Poverty Alleviation and Environmental Law
Author: Yves Le Bouthillier
Publisher: Edward Elgar Publishing
Total Pages: 369
Release: 2012-01-01
Genre: Social Science
ISBN: 1781003297

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'The alleviation of poverty and the protection of the environment are both critical challenges for the vindication of basic human rights for all of humankind. This relationship is however not necessarily an easy one. While there is an inextricable link between poverty and the degradation of the environment, a sophisticated analysis of a problem needs to deal with those cases where the need to increase economic opportunity for poor communities may appear to conflict with fragile ecosystems or the preservation of traditional practices. This collection provides the most sustained engagement with these problems. Drawing on the expertise of a range of distinguished authors, this book presents the reader with an integrated global engagement with these problems. In doing so, it represents a landmark effort towards the creation of a coherent literature to deal with one of humankind's most pressing challenges.' – Dennis Davis, Judge of the High Court, South Africa 'The complex, uneven and challenging relationships between poverty alleviation and environmental regulation are impossible to trace in a single book but this collection brings a carefully selected set of policy-relevant, context-responsive, practical legal analyses to bear in a fresh examination of the present and future challenges involved. This is a timely contribution in the search for regulatory responses that alleviate rather than exacerbate the myriad forms of adaptation apartheid now so painfully evident in the relationship between poverty, injustice and environmental degradation.' – Anna Grear, University of Waikato, New Zealand 'The subject of poverty cannot be ignored by environmentalists as the poor are the most affected by the diverse impacts of environmental degradation and climate change such as on water, natural resources and cultural heritage sites. In addition, slum dwellings exacerbate the plight of the poor. The book is a collection of diverse topics by renowned environmental legal experts which deal with the relationship between the alleviation of poverty and the protection of the environment. Each writer addresses the challenges raised in various issues and recommends solutions which range from linking with human rights, the need for public participation, the role of environmental courts and other mechanisms.' – Koh Kheng-Lian, National University of Singapore This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policymakers and NGOs interested in issues of poverty, environment and indigenous peoples.


Land Reform Law and Environmental Justice in South Africa

Land Reform Law and Environmental Justice in South Africa
Author: James Tsabora
Publisher: LAP Lambert Academic Publishing
Total Pages: 92
Release: 2012-06
Genre: Environmental justice
ISBN: 9783659162589

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South Africa s transition to democracy was followed by an extensive programme of land reform whose major objectives were, inter alia, to promote a more equitable distribution of land ownership; to reduce poverty and to promote economic growth through land reform; to provide security of tenure for all and to establish a system of land management that will support sustainable land-use patterns. While all of these goals are important, one of the purposes of my thesis is to suggest that an effective programme of land reform, in general, and an effective programme of land redistribution, in particular, could also go a long way towards achieving another equally important goal, namely environmental justice. The achievement of this goal, it will be argued, is critical in light of a history of massive land dispossession during the colonial and apartheid eras. Such policies against black South Africans compelled them to bear a disproportionate share of the environmental hazards caused by undesirable land uses on account of their race, whilst simultaneously denying them equal access to natural resources, in general, and to land, in particular, for the same reasons.


The Balancing of Interests in Environmental Law in Africa

The Balancing of Interests in Environmental Law in Africa
Author: Willemien Du Plessis
Publisher: PULP
Total Pages: 698
Release: 2011
Genre: Africa
ISBN: 1920538054

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"Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.


Environmental Law

Environmental Law
Author: Michael Kidd
Publisher: Juta and Company Ltd
Total Pages: 308
Release: 2008
Genre: Law
ISBN: 9780702176814

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Environmental law has become an exceedingly important branch of the law in South Africa over the past 15 years. Over the past decade, a number of Acts have been passed which define the essence of South African environmental law, and several landmark environmental law judgements have been handed down by the courts. This book covers the entire South African environmental law landscape and does so in a comprehensive and succinct manner. Among the new Acts covered in this book are the National Water Act 36 of 1998, the National Heritage Resources Act 25 of 1999, the Air Quality Act 39 of 2004, and the Biodiversity Act 10 of 2004.


Domestic and Regional Environmental Laws and Policies in Africa

Domestic and Regional Environmental Laws and Policies in Africa
Author: Jean-Claude N. Ashukem
Publisher: Taylor & Francis
Total Pages: 384
Release: 2023-11-10
Genre: Law
ISBN: 1000994376

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This book explores African domestic and regional responses and approaches to environmental protection and sustainability. Written by African experts, the collection consists of five parts covering the whole of Africa. It provides broad coverage of specific themes, including environmental constitutionalism, climate change, gender and the environment, wildlife trade, environmental justice, and human displacement. The key aims are first, to explore theoretical and empirical studies to interrogate and provide clarity on academic discourse on how and whether environmental human rights approaches and policy implications have effectively enhanced environmental protection and sustainability at African domestic levels. Second, to investigate and present innovative solutions on how African domestic legal regimes deal with environmental justice, natural resources governance, refugees’ environmental rights, and climate-induced displaced persons. Finally, to propose innovative legal and institutionalised solutions to Africa’s ecological realities by determining the legal and regulatory gaps on environmental human rights issues on the continent. The collection will be a valuable resource for researchers, academics, and policymakers in human rights law, environmental law, political science, ecology and conservation, environmental management, disaster management, and development studies.